On Friday, March 14, 2003,
Susan Kniep, President of FCTO, offered the following testimony to the
Legislature on Bills intended to help curb municipal corruption. Within Item 1, Ms. Kniep stressed the need
to limit the time frame an auditor can be retained by a Municipality. Conflict of interest or ethic laws can curb corruption, but cannot
stop it. There will always be some
corrupt or corruptible elected officials.
Taxpayers should therefore be given a guarantee that their books are
audited by those who have no unhealthy familiarity with the town officials they
are auditing.
Ms. Kniep’s Testimony Before the State Legislature
IMPROVE STATE AND LOCAL ETHIC LAWS
Bill 6594: Act Concerning
Municipal Ethics, Municipal Whistleblower Protections, and the Investigation of
Municipal Corruption; and
Bill 6593: An Act Extending Provisions of the State Code of Ethics for
Lobbyists to Municipal Lobbying; and
All Bills Affecting Municipal
Ethics with the Intent of Prohibiting Corruption
My name is Susan Kniep and I am President of The Federation of Connecticut
Taxpayer Organizations, Inc. I had previously served as East
Hartford's Mayor for four years from 1989 to 1993 and a town council member for
eight years, four years as Minority Leader.
I applaud your efforts to stem the tide of corruption within the State and its
municipalities.
Corruption, infused with public
money, has mired the political landscape in Connecticut for far too long.
The surreptitious deal between Enron and CRRA would probably not have become
public knowledge if Enron did not collapse. This has left many wondering
what other clandestine deals bordering on corrupt practices have not yet surfaced
in our State or our towns.
By imposing strong ethics and
conflict of interest laws and providing a reliable system of checks and
balances, you can help to protect the interests of the taxpayers you
represent.
As such, I would suggest including the following in your legislation or
separate legislation:
1.
We must accept the fact that there will be some elected and appointed officials
and government employees who are corrupt or can be corrupted regardless of the
ethic laws imposed. As such, a program
of operational and procedural audits should be required of municipalities in
addition to the financial audit.
Further, auditors hired by a municipality should be limited to no more
than a three year contract. A
subsequent five year period should lapse prior to the auditor being allowed to
return to that municipality. This will
help to sour the stew of any municipality cooking its books.
2. Your proposal allowing for a recall of any municipal elected
official serving a four year term should instead be reduced to a two-year term
of office. The term of two years is
customary for the majority of elected municipal officials.
3. Limited Liability Companies should be
required to disclose all officers and principals when (1) contracting with the
State or a municipality for any product or service or (2) receiving any
form of financial support to include tax incentives and/or economic development
funding.
4. Elected or appointed officials or employees of a municipality
should be restricted from (1) representing a client before any municipal body
or individual employed by the municipality and (2) from representing a client
in any law suit involving the municipality.
5. Ethic and conflict of interest
restrictions should be placed upon those "employed" by government
under professional service contracts such as architects, engineers, attorneys,
and others. Example: The Town of East Hartford
has no architect on staff. It has expended approximately $2.5 million in
Architectural fees under private contracts.
This includes a long-term on-call architectural professional service
contract. The architect
under this contract has the ability to do what a town employee could
not. The architect works for the town and the town's Redevelopment
Agency, which, in turn, contracted with a developer who employed the architect
through the architect’s private business.
6. Close the revolving door through which elected
officials leave their municipal office and immediately return as a member of
the private sector, reaping financial gains through the sale of products or
services. In other words, restrain influence peddling or door
opening. Example: The ECS Funding lawsuit originated with the
former Mayor of East Hartford. Four months after leaving office, he
encouraged the town to initiate this lawsuit against the State of Connecticut
through his law firm. As you may be aware, East Hartford and
other towns which joined this suit had to withdraw as the initial fee within
the contract nearly tripled, making it cost prohibitive.
7. Municipalities should be prohibited from channeling money
through a third party. Example: The Redevelopment Agency of East
Hartford, when purchasing private property, does not pay the seller direct.
The funds are instead paid through an Attorney. The town possesses no
record indicating the numbers of checks cut by the Attorney, the amount paid,
or to whom.
8. Restrict members of the State's Attorney
General's office who concurrently serve as elected officials of a municipality
from promoting, initiating, or becoming involved in lawsuits against the State
by the municipality. Example: The Chairman of East Hartford's Town
Council is also an assistant Attorney General. By his vote and
encouragement, the ECS Funding lawsuit was initiated against the State.
7. Prohibit Board of Education employees who
concurrently sit on local legislative boards from promoting or voting on Board
of Education budgets.
Thank you for your consideration.